Groundwater provides a third of our drinking water in England, and it also maintains the flow in many of our rivers. In some areas of Southern England, groundwater supplies up to 80% of the drinking water that you get through your taps. It is crucial that
the Environment Agency (EA) look after these sources and ensure that your water is completely safe to drink.

The
EA have defined Source Protection Zones (SPZs) for groundwater sources such as wells, boreholes and springs used for public drinking water supply. These zones show the risk of contamination from any activities that might cause pollution in the area. The closer the activity, the greater the risk. The maps show three main zones (inner, outer and total catchment) and a fourth zone of special interest, which we occasionally apply, to a groundwater source.

The
EA use the zones in conjunction with our Groundwater Protection Policy to set up pollution prevention measures in areas which are at a higher risk, and to monitor the activities of potential polluters nearby.

UNDERSTANDING
THE GROUNDWATER SOURCE PROTECTION ZONES MAP

The shape and size of a zone depends on the condition of the ground, how the groundwater is removed, and other environmental factors. When we define a zone we find out how the groundwater behaves in that area, what constructions there are to get the water out into the public water supply, and the process for doing this. From this we can develop a model of the groundwater environment on which to define the zones.

The Environment Agency divide groundwater source catchments into four zones. The zones are divided as follows:

Inner zone (Zone 1) - Defined as the 50 day travel time from any point below the water table to the source. This zone has a minimum radius of 50 metres;

Outer zone (Zone 2) - Defined by a 400 day travel time from a point below the water table. The previous methodology gave an option to define SPZ2 as the minimum recharge area required to support 25 per cent of the protected yield. This option is no longer available in defining new SPZs and instead this zone has a minimum radius of 250 or 500 metres around the source, depending on the size of the abstraction;

Total catchment (Zone 3) - Defined as the area around a source within which all groundwater recharge is presumed to be discharged at the source. In confined aquifers, the source catchment may be displaced some distance from the source. For heavily exploited aquifers, the final Source Catchment Protection Zone can be defined as the whole aquifer recharge area where the ratio of groundwater abstraction to aquifer recharge (average recharge multiplied by outcrop area) is >0.75. There is still the need to define individual source protection areas to assist operators in catchment management;

Total catchment - subsurface activity only (Zone 3c) Total catchment - subsurface activity only (Zone 3c) - extends Zone 3 where the aquifer is confined and may be impacted by deep drilling activities;

Special interest (Zone 4) - A fourth zone SPZ4 or ‘Zone of Special Interest’ was previously defined for some sources. SPZ4 usually represented a surface water catchment which drains into the aquifer feeding the groundwater supply (i.e. catchment draining to a disappearing stream). In the future this zone will be incorporated into one of the other zones, SPZ 1, 2 or 3, whichever is appropriate in the particular case, or become a safeguard zone.

NOTE: The Source Protection Zones are not allowed to be displayed over base mapping greater than Ordnance Survey 1:50,000 scale, as the data was only modelled to this level and is not accurate pass this. They should not be compared against field boundaries.

DISCHARGES
TO SURFACE WATER & GROUNDWATER: ENVIRONMENTAL PERMITS

When
you need an environmental permit to discharge liquid effluent or
waste water to surface water
or onto the ground, and how to apply.

onto
or into the ground, for example, land spreading waste
sheep dip, or discharging treated sewage effluent to
ground via an infiltration system (known as groundwater
activities)

You
need to apply to the Environment Agency for a permit for any
standalone water discharge or groundwater activity -
standalone means the activity is not part of a waste
operation, installation or mining waste operation.

For
more information about the Environment Agency’s position on
protecting groundwater, see Groundwater
protection position statements. Position statement G12 on
page 29 explains when you do not need a permit for discharge
of clean roof water to ground.

Discharges
in sewered areas

You
should discharge your waste water to the public foul sewer
whenever it’s reasonable to do so. You do not need an
environmental permit to do this.

Permits
in sewered areas

The
Environment Agency will not give you a permit for a private
sewage treatment system if it’s reasonable for you to
connect to the public sewer.

If
the distance from the boundary of your site to the nearest
public sewer is less than the number of houses multiplied by
30 metres, you must show the Environment Agency why it’s not
reasonable to connect to the public sewer. In some cases, we
may ask you to consider connecting to the public sewer if
it’s more than the number of houses multiplied by 30 metres
away. Contact
the Environment Agency to discuss your proposal before you
apply for a permit. You will need to:

tell
us how much it will cost to connect to the nearest public
sewer

give
us a formal response from your sewerage undertaker

tell
us the cost of the private sewage treatment system you
want to use

When
we assess whether it’s reasonable for you to connect to the
public sewer we take into account:

the
comparative costs of connecting to public sewer and
installing a private sewage treatment system

any
physical barriers that would prevent you connecting to the
public sewer

any
environmental benefits that would arise from installing a
private sewage treatment system such as the reuse of of
treated effluent

If
you’re planning a new development, plan your foul sewerage
at an early stage and consult with the local authority and
sewerage undertaker.

We
will not normally give you a permit if you want to use a
private sewage treatment system because there’s not enough
capacity in the nearest public sewer. If necessary, you must
agree improvements to the existing sewerage network, in order
to allow connection, with the sewerage undertaker. These
improvements must be put in place before the development is
occupied. This aligns with planning
practice guidance and the building
regulations.

Standard
rules permits for package treatment plants

You
may be able to apply for a standard
rules permit if you operate a package treatment plant for
secondary treatment of domestic sewage.

Your
package treatment plant must discharge between 5 and 20 cubic
metres of domestic treated sewage to surface water daily (for
example, your plant treats sewage from a small hotel or bed
and breakfast, not a single household). If your sewage
discharge to surface water is less than 5 cubic metres per day
and you meet the
general binding rules, you do not need a permit.

Your
operation must meet the description and rules, but:

you
cannot change (vary) the rules and you have no right of
appeal against them

if
you want to change your operations and so will not meet
the criteria of the standard permit anymore, you’ll have
to apply to make it a bespoke permit instead

if
there’s a change in your local environment after your
permit has been issued (for example, a change in the
definition of a groundwater
source protection zone), you may need to apply to
change your permit

Applying
for a standard rules permit is usually quicker than a bespoke
permit. If you do not meet the conditions for the standard
rules permits you must apply
for a bespoke permit.

Apply
for a standard rules permit

complete
and submit the nature
and heritage conservation screening form before you
submit your application – so the Environment Agency can
check if any conservation sites, protected species or
habitats could be affected by your activity

read
the generic
risk assessment so you can understand the potential
risks and make sure you manage them effectively

For
discharges to groundwater, a specific substances assessment is
needed for hazardous substances and non-hazardous pollutants.
This does not include discharges that only contain or are only
likely to contain ammoniacal nitrogen, ammonium and suspended
solids. Find the list
of hazardous substances and non-hazardous pollutants for
groundwater on the Water Framework Directive UK TAG
website.

Get
help with your application

The
Environment Agency offers basic pre-application advice to help
you complete your application. This basic advice is free as
the cost of providing it is included in the application
charge.

For
standard rules and bespoke permits the basic service covers
the following advice (where applicable):

which
standard rules set is relevant for your activities

helping
you check that your activity meets the criteria for a
standard rules permit

carrying
out nature and heritage conservation screening

which
applications forms and guidance to use

information
about any administrative tasks the Environment Agency will
need to do

For
bespoke permits, the basic service also includes advice about
risk assessments you may need to do to accompany your
application.

If
you need more in depth advice about your application the
Environment Agency offers an enhanced pre-application advice
service. The enhanced service costs £100 an hour plus VAT. It
can include face to face meetings and advice on:

complex
modelling

preparing
risk assessments

parallel
tracking complex permits with planning applications

specific
substances assessments

monitoring
requirements (including baseline)

The
Environment Agency will give you a written estimate before it
starts work. This will include:

a
breakdown of the work it will carry out with costs

when
these costs will be charged

Getting
pre-application advice will help you submit a good quality
application that can be processed (determined) smoothly and
quickly. Complete the pre-application
advice form if you want to request either basic (free), or
enhanced (chargeable), pre-application advice.

Check
that you meet the ‘legal operator’ requirements

You
must be the ‘legal operator’ of the water discharge or
groundwater activity that you want a permit for.

This
means you must have sufficient control of the activity, for
example you:

have
day to day control of the activity, including the manner
and rate of operation

make
sure that permit conditions are complied with

decide
who holds important staff positions and have incompetent
staff removed if required

make
investment and financial decisions that affect the
performance or how the activity is carried out

make
sure that regulated activities are controlled in an
emergency

You
can have contractors carry out activities at your site and
remain the operator if you continue to have sufficient control
of the activity. But sometimes a contractor may be the legal
operator or become the legal operator, based on the tests set
out above. A remote holding company is unlikely to have
sufficient control.

If
you’re no longer the operator you must formally transfer the
permit to the person who is the operator. If you continue to
operate an activity when you’re no longer the legal operator
the Environment Agency may take enforcement action against you
or revoke the permit.

You
must apply as a ‘legal entity’ that can be legally
responsible for the permit and can accept liability, for
example:

As
the operator you’re legally responsible for the activity
whether or not it’s in operation.

Your
application can be refused if the Environment Agency does not
consider you to be the operator or a legal entity.

Joint
operators of one activity

If
your activity has more than one operator acting together, you
need to make one joint application for all the operators. For
example if several people jointly operate a treatment plant
then they would all be named on the permit.

Keep
sensitive information confidential

You
can ask the Environment Agency not to make public any
information that is commercially sensitive for your business
(for example, financial information). You can do this by
including a letter with your application that gives your
reasons why you do not want this information made public.

The
Environment Agency will email or write to you within 20 days
if it agrees to your request. It will let you know if it needs
more time to decide.

If
it does not agree to your request it will tell you how to:

appeal
against its decision

withdraw
your application

Fees
and charges

You
must pay a fee to apply for a permit.

You
must send your fee with your application. If your
application’s successful, the Environment Agency normally
charge you an annual ‘subsistence’ fee while you have a
permit. This fee depends on your activity and the type of
permit you have.

After
you apply

The
Environment Agency may reject your application if, for
example:

you
have not used the right forms

you’ve
forgotten to include the fee or sent the wrong fee

you
have not provided important information

Once
the Environment Agency has the information it needs to start
assessing your application, it will contact you and tell you
that your application is ‘duly made’. This means it’s
starting the assessment process. It may still request more
information if it needs it to complete its assessment.

Consultations
on your permit application

The
Environment Agency will publish
online a notice of your application and instructions for
how other people can see and comment on it.

Members
of the public and anyone interested in the application have 20
working days to comment.

The
Environment Agency may also consult other public bodies, for
example, local authorities, Public Health England, water
companies and Natural England.

If
the Environment Agency considers your application to be of
high public interest, it may:

A survey has been undertaken by the Sewerage Undertaker (Southern
Water) which has resulted in a Section 98 Sewer Requisition in order to provide a suitable offsite sewer for the disposal of foul water from the development. Southern Water’s reference is SWS-S98-000519 v2, dated 10/11/2017 (copy of letter attached in Appendix 1) and has been
accepted and payment made in order to progress; and · A full drainage design has been undertaken for the onsite foul drainage

The site is located off Gardner Street, to the south-east of Herstmonceux, and is centered on national grid reference E563798, N112404.

Existing public foul sewers have been located within Gardner Street to the north. To the northwest, within Gardner Street, is a foul network which runs east-west before running north to a pumping station (Gardner Street WPS). The pump main from the existing pumping station runs south to
Gardner Street and then west-east along Gardner Street, discharging into a gravity main
approximately 300m east of the site. This gravity sewer runs north-east to the Windmill Hill Waste Water Works.

3.6. A second foul network runs from a point to the south of the site discharging into the Lime Park Herstmonceux Waste Water Works, approximately 300m to the south.

The existing site is greenfield and no existing connections to foul infrastructure have been identified.

4.2. Investigations were undertaken as to whether the existing Lime Park Waste Water Works could be connected to under gravity and it was confirmed that the works themselves were not adequately sized to receive flows from a further 70 residential dwellings and would require
reconstruction and consenting.

4.3. Any foul drainage solution would need to be received by existing or new infrastructure to the north of the site and would require a pumped solution, to overcome the topography.

4.4. Under Section 98 of the Water Industry Act, Southern Water were instructed to progress a solution of the offsite infrastructure upgrades required to support the development. Appendix 1 contains the offer letter received from Southern Water under this process.

4.5. The technical solution offered by Southern Water is to provide new and improved infrastructure in Chapel Row and Gardner Street as part of the Section 98 Requisition.

A gravity system of foul drainage has been proposed, based upon the approved illustrative layout, which collects the waste from the 70 units and drains to the south-west corner of the site, adjacent to Chapel Row.

5.3. A private pumping station has been proposed adjacent to Chapel Row which will collect the foul flows and pump them into the proposed foul rising main provided by Southern Water under the Section 98 application.